TIME AND METHOD OF PAYMENT OF EARNOUT PAYMENTS Sample Clauses

TIME AND METHOD OF PAYMENT OF EARNOUT PAYMENTS. Following the end of each of calendar years 1998, 1999 and 2000, within ten (10) days following the final determination of EBIT of the Business for such calendar year, Buyer shall pay Seller the amount of any Earnout Payment earned by Seller in such calendar year, in immediately available United States funds by cashier's check or by wire transfer to an account designed by Seller, provided that, with respect to any Earnout Payment earned by Seller in calendar year 1998 only, Buyer may elect to pay such Earnout Payment either: (i) entirely in cash or (ii) in a combination of cash and AFC Common Stock (provided that the AFC Common Stock may not comprise more than fifty (50%) percent of the value of the Earnout Payment). Any portion of such Earnout Payment payable in cash shall be paid in immediately available United States funds by cashier's check or by wire transfer to an account designated by Seller. Any portion of the Earnout Payment payable in AFC Common Stock shall be paid by delivery from Buyer to Seller of stock certificate(s), issued in Seller's name, representing a number of shares of AFC Common Stock having a value (as hereinafter determined) equal to such portion of the Earnout Payment. The number of shares of AFC Common Stock to be delivered to Seller shall be determined by dividing the portion of the Earnout Payment which is to be paid in AFC Common Stock by the arithmetic average of the mean of the closing bid and asked prices for AFC Common Stock on the NASDAQ National Market, or such other nationally recognized market in which such Common Stock trades if such Common Stock is no longer listed on the NASDAQ National Market, for the twenty (20) trading days falling within the calendar year in respect of which the Earnout Payment is to be made comprised of the last ten (10) trading days in the month of July and the last ten (10) trading days in the month of October.
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Related to TIME AND METHOD OF PAYMENT OF EARNOUT PAYMENTS

  • Time and Method of Payment Except as otherwise provided in Section 4.02, all amounts payable to any Funding Agent or Investor hereunder or with respect to the Series 2020-1 Class A-1 Advance Notes shall be made to the Administrative Agent for the benefit of the applicable Person, by wire transfer of immediately available funds in Dollars not later than 1:00 p.m. (New York City time) on the date due. The Administrative Agent will promptly, and in any event by 5:00 p.m. (New York City time) on the same Business Day as its receipt or deemed receipt of the same, distribute to the applicable Funding Agent for the benefit of the applicable Person, or upon the order of the applicable Funding Agent for the benefit of the applicable Person, its pro rata share (or other applicable share as provided herein) of such payment by wire transfer in like funds as received. Except as otherwise provided in Section 2.07 and Section 4.02, all amounts payable to the Swingline Lender or the L/C Provider hereunder or with respect to the Swingline Loans and L/C Obligations shall be made to or upon the order of the Swingline Lender or the L/C Provider, respectively, by wire transfer of immediately available funds in Dollars not later than 1:00 p.m. (New York City time) on the date due. Any funds received after that time will be deemed to have been received on the next Business Day. The Issuer’s obligations hereunder in respect of any amounts payable to any Investor shall be discharged to the extent funds are disbursed by the Issuer to the Administrative Agent as provided herein or by the Trustee or Paying Agent in accordance with Section 4.02 whether or not such funds are properly applied by the Administrative Agent or by the Trustee or Paying Agent. The Administrative Agent’s obligations hereunder in respect of any amounts payable to any Investor shall be discharged to the extent funds are disbursed by the Administrative Agent to the applicable Funding Agent as provided herein whether or not such funds are properly applied by such Funding Agent.

  • Purchase Price and Method of Payment Buyer shall pay and Seller shall accept the purchase price for the Business as follows:

  • METHOD OF PAYMENT OF ACCRUED BENEFIT The Advisory Committee will apply Section 6.02 of the Plan with the following modifications: (Choose (a) or at least one of (b), (c), (d) and (e))

  • Basis of Payment of Benefits Direct payment by the Insurer is the basis of payment of benefits under this Agreement, with those benefits in turn being based on the payment of premiums as provided in this Agreement.

  • Currency and method of payments All payments to be made by the Lenders or by the Borrower under a Finance Document shall be made to the Agent or to the Security Trustee, in the case of an amount payable to it:

  • Method of Payment of Purchase Price No later than 12:00 p.m. Eastern time on the Closing Date, Purchaser shall deposit with Escrow Agent the Purchase Price (less the Xxxxxxx Money Deposit), together with all other costs and amounts to be adjusted, pro-rated or paid by Purchaser at the Closing pursuant to the terms of this Agreement ("Purchaser's Costs"), by Federal Reserve wire transfer of immediately available funds to the account of Escrow Agent. Escrow Agent, following authorization by the parties at Closing, shall (i) pay to Seller by Federal Reserve wire transfer of immediately available funds to an account designated by Seller, the Purchase Price, subject to any costs or other amounts to be adjusted, pro-rated or paid by Seller at Closing pursuant to the terms of this Agreement, (ii) pay to the appropriate payees out of the proceeds of Closing payable to Seller all costs and amounts to be paid by Seller at Closing pursuant to the terms of this Agreement, and (iii) pay Purchaser's Costs to the appropriate payees at Closing pursuant to the terms of this Agreement. ARTICLE IV

  • Payment of Benefits Any amounts due under this Agreement shall be paid in one (1) lump sum payment as soon as administratively practicable following the later of: (i) Xx. Xxxxxx'x Termination Date, or (ii) upon Xx. Xxxxxx'x tender of an effective Waiver and Release to the Company in the form of Exhibit A attached hereto and the expiration of any applicable revocation period for such waiver. In the event of a dispute with respect to liability or amount of any benefit due hereunder, an effective Waiver and Release shall be tendered at the time of final resolution of any such dispute when payment is tendered by the Company.

  • Method of Payments Any amount due under this Guarantee shall be paid:

  • Payments to Specified Employees Notwithstanding any other Section of this Agreement, if the Employee is a Specified Employee at the time of the Employee’s Separation from Service, payments or distribution of property to the Employee provided under this Agreement, to the extent considered amounts deferred under a non-qualified deferred compensation plan (as defined in Code Section 409A) shall be deferred until the six (6) month anniversary of such Separation from Service to the extent required in order to comply with Code Section 409A and Treasury Regulation 1.409A-3(i)(2).

  • Death Subsequent to Commencement of Benefit Payments In the event the Executive dies while receiving payments, but prior to receiving all payments due and owing hereunder, the Employer shall pay the Beneficiary the same amounts at the same times as the Employer would have paid the Executive, had the Executive survived.

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